Amendment ASA1-AB40

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 40

June 4, 2013 - Offered by Joint Committee on Finance.

AB40-ASA1,1,2 An Act; relating to: state finances and appropriations, constituting the executive budget act of the 2013 legislature.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB40-ASA1,1b Section 1b. 1.10 (3) (t) of the statutes is created to read:

AB40-ASA1,1,4 1.10 (3) (t) The kringle is the state pastry.

AB40-ASA1,1c Section 1c. 1.10 (4) of the statutes is amended to read:

AB40-ASA1,1,9 1.10 (4) The Wisconsin Blue Book shall include the information contained in this section concerning the state song, ballad, waltz, dance, beverage, tree, grain, flower, bird, fish, animal, domestic animal, wildlife animal, dog, insect, fossil, mineral, rock, soil, fruit, and tartan, and pastry.

AB40-ASA1,1g Section 1g. 1.12 (1) (b) of the statutes is amended to read:

AB40-ASA1,2,4 1.12 (1) (b) "State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan Authority and the Wisconsin Economic Development Corporation.

AB40-ASA1,1p Section 1p. 5.05 (2m) (c) 6. b. of the statutes is amended to read:

AB40-ASA1,2,12 5.05 (2m) (c) 6. b. The board shall enter into a written contract with any individual who is retained as special counsel setting forth the terms of the engagement. The contract shall set forth the compensation to be paid such counsel by the state. The contract shall be executed on behalf of the state by the board's legal counsel, who shall file the contract in the office of the secretary of state. The compensation shall be charged to the appropriation under s. 20.455 (1) (b) 20.505 (1) (d).

AB40-ASA1,1t Section 1t. 13.09 (6) of the statutes is amended to read:

AB40-ASA1,2,15 13.09 (6) The joint committee on finance shall maintain its offices and meeting room on the first 4th floor of the south east wing of the capitol.

AB40-ASA1,2 Section 2. 13.106 (1) (intro.) of the statutes is repealed.

AB40-ASA1,3 Section 3. 13.106 (1) (a), (b), (c), (d) and (e) of the statutes are renumbered 13.106 (3) (ac), (ag), (aL), (ap) and (at).

AB40-ASA1,4 Section 4. 13.106 (3) (intro.) of the statutes is amended to read:

AB40-ASA1,2,24 13.106 (3) (intro.) By October 15 of each even-numbered year, the Medical College of Wisconsin and the University of Wisconsin-Madison Medical School shall submit a report to the governor, the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that provides information on all of the following:

AB40-ASA1,5 Section 5. 13.106 (3) (a) of the statutes is renumbered 13.106 (3) (ax).

AB40-ASA1,6 Section 6. 13.106 (4) of the statutes is created to read:

AB40-ASA1,3,7 13.106 (4) (a) In this subsection, "rural or underserved urban medicine program" includes the Wisconsin Academy for Rural Medicine, the Training in Urban Medicine and Public Health program, any community medical education program of the Medical College of Wisconsin, and any other rural or underserved urban medicine program established after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,3,11 (b) By October 15 of each year, the Medical College of Wisconsin and the University of Wisconsin-Madison Medical School shall submit an annual report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:

AB40-ASA1,3,13 1. The number of students enrolled in rural or underserved urban medicine programs.

AB40-ASA1,3,15 2. The medical specialties and residency locations of the students in rural or underserved urban medicine programs.

AB40-ASA1,3,17 3. The initial postresidency practice locations for graduates of rural or underserved urban medicine programs.

AB40-ASA1,6f Section 6f. 13.172 (1) of the statutes is amended to read:

AB40-ASA1,3,24 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 238, or 279.

AB40-ASA1,7 Section 7. 13.48 (2) (b) 3. of the statutes is amended to read:

AB40-ASA1,4,6 13.48 (2) (b) 3. The Except as provided in sub. (14) (am), the building commission may lease space in buildings described under subd. 2. to other governmental bodies or to nonprofit associations organized for public purposes and shall charge those bodies or associations an annual rental which shall be not less than the cost of operating, maintaining and amortizing the construction cost of the leased space.

AB40-ASA1,8 Section 8. 13.48 (14) (title) of the statutes is amended to read:

AB40-ASA1,4,8 13.48 (14) (title) Sale or lease of lands property.

AB40-ASA1,9 Section 9. 13.48 (14) (a) of the statutes is amended to read:

AB40-ASA1,4,12 13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that the term does not include the Board of Regents of the University of Wisconsin System in s. 16.52 (7).

AB40-ASA1,10 Section 10. 13.48 (14) (am) of the statutes is renumbered 13.48 (14) (am) 1. and amended to read:

AB40-ASA1,5,5 13.48 (14) (am) 1. Except as provided in this paragraph and subject to par. (d), the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law real property unless the sale or lease is prohibited under the state or federal constitution or federal law or the sale is conducted as a part of a procedure to enforce an obligation to this state, and may transfer land real property under its jurisdiction among agencies. The commission may sell or lease property under this paragraph with or without the approval of the agency having jurisdiction over the property and regardless of whether the property is included in an inventory submitted under par. (d). The building commission does not have the authority to sell or lease any state-owned real property under this paragraph after the department of administration notifies the commission in writing that an offer of sale or sale or lease agreement with respect to a property is pending under s. 16.848 (1). If the sale or lease is not completed and no further action is pending with respect to the property, the authority of the building commission under this paragraph is restored.

AB40-ASA1,10m Section 10m. 13.48 (14) (am) 2. and 3. of the statutes are created to read:

AB40-ASA1,5,11 13.48 (14) (am) 2. If the building commission proposes to sell or lease any property identified in subd. 1., the commission shall first notify the joint committee on finance in writing of its proposed action. The commission shall not proceed with the proposed action unless the proposed action is approved by the committee. Together with any notification, the commission shall also provide all of the following:

AB40-ASA1,5,13 a. The estimated value of the property as determined by the department of administration and by at least one qualified privately owned assessor.

AB40-ASA1,5,15 b. The full cost of retiring any remaining public debt incurred to finance the acquisition, construction, or improvement of the property.

AB40-ASA1,5,17 c. A cost-benefit analysis that considers the short-term and long-term costs and benefits to the state from selling or leasing the property.

AB40-ASA1,5,19 d. The length and conditions of any proposed sale or lease between this state and a proposed purchaser or lessee.

AB40-ASA1,5,21 e. The estimated budgetary impact of the proposed sale or lease upon affected state agencies for at least the current and following fiscal biennium.

AB40-ASA1,5,22 f. Any other information requested by the committee.

AB40-ASA1,6,8 3. Except with respect to property identified in s. 16.848 (2), if any agency has authority to sell or lease real property under any other law, the authority of that agency does not apply after the commission notifies the agency in writing that an offer of sale or sale, or a lease agreement, is pending with respect to the property under this subdivision. If the sale or lease is not completed and no further action is pending with respect to the property, the authority of the agency to sell or lease the property is restored. If the commission sells or leases any state-owned real property under this subdivision, the commission may attach such conditions to the sale or lease as it finds to be necessary or appropriate to carry out the sale or lease in the best interest of the state. This subdivision does not apply to real property that is exempted from sale or lease by the department of administration under s. 16.848.

AB40-ASA1,11 Section 11. 13.48 (14) (b) of the statutes is amended to read:

AB40-ASA1,6,19 13.48 (14) (b) Subject to par. (d), the The building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or on the basis of negotiated prices as determined through a competitive or transparent process. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land real property, subject to approval of the building commission when required under s. 66.0703 (6).

AB40-ASA1,12 Section 12. 13.48 (14) (bg) of the statutes is created to read:

AB40-ASA1,6,24 13.48 (14) (bg) If any property that is proposed to be sold by the commission under par. (am) is co-owned by a nonstate entity, the commission shall afford to that entity the right of first refusal to purchase the share of the property owned by the state on reasonable financial terms established by the commission.

AB40-ASA1,13 Section 13. 13.48 (14) (br) of the statutes is created to read:

AB40-ASA1,7,8 13.48 (14) (br) If the building commission sells or leases any real property under par. (am) that was under the jurisdiction of an agency prior to the sale or lease, the agency shall convey all systems, fixtures, or additional property interests specified by the commission to the purchaser or lessee of the property on terms specified by the commission. If the commission sells or leases a state-owned heating, cooling, or power plant that is under the jurisdiction of an agency, the agency shall convey all real and personal property associated with the plant to the purchaser or lessee on terms specified by the commission.

AB40-ASA1,14 Section 14. 13.48 (14) (c) of the statutes is renumbered 13.48 (14) (c) (intro.) and amended to read:

AB40-ASA1,8,19 13.48 (14) (c) (intro.) If Except as provided in par. (e), if there is any outstanding public debt used to finance the acquisition of a building, structure or land or the, construction, or improvement of a building or structure any property that is sold or leased under par. (b) (am), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of that debt. Except as provided in s. 51.06 (6), if If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the building commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the debt. If the property was acquired, constructed, or improved with federal financial assistance, the commission shall pay to the federal government any of the proceeds required by federal law. If the property was acquired by gift or grant or with gift or grant funds, the commission shall adhere to any restriction governing use of the proceeds. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if there is no such debt outstanding, or, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to repay that principal and pay that interest and premium be deposited, paid, or used for another purpose under this subsection, the building commission shall deposit first use the net proceeds or remaining net proceeds in the budget stabilization fund. to pay principal and interest costs on outstanding public debt supported by the same funding source and issued under the same bonding purpose authorization that was used to finance the acquisition, construction, or improvement of the property that is sold or leased under par. (am). If any net proceeds remain thereafter, the commission shall use the proceeds to pay principal and interest costs on other outstanding public debt. For the purpose of paying principal and interest costs on other outstanding public debt under this paragraph, the commission may cause outstanding bonds to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem bonds at their optional redemption date, or purchase bonds in the open market. To the extent practical, the commission shall consider all of the following in determining which public debt to redeem:

AB40-ASA1,15 Section 15. 13.48 (14) (c) 1. to 4. of the statutes are created to read:

AB40-ASA1,8,23 13.48 (14) (c) 1. To the extent that debt service on the property being sold or leased was paid from a segregated fund, other outstanding public debt related to that segregated fund should be redeemed.

AB40-ASA1,9,2 2. The extent to which general obligation debt that was issued to acquire, build, or improve the property being sold or leased is subject to current optional redemption, would require establishment of an escrow, or could be assigned for accounting purposes to another statutory bond purpose.

AB40-ASA1,9,3 3. The fiscal benefit of redeeming outstanding debt with higher interest costs.

AB40-ASA1,9,5 4. The costs of maintaining federal tax law compliance in the selection of general obligation debt to be redeemed.

AB40-ASA1,16 Section 16. 13.48 (14) (cm) of the statutes is created to read:

AB40-ASA1,9,25 13.48 (14) (cm) If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the property in the respective redemption fund provided under s. 18.561 (5) or 18.562 (3) to repay the principal and pay the interest on the revenue obligations, and any premium due upon refunding any of the revenue obligations. If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the revenue obligations. For the purpose of paying principal and interest costs on other outstanding revenue obligations, the commission may cause outstanding revenue obligations to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem obligations at their optional redemption date, or purchase bonds on the open market. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this paragraph, the department shall use the net proceeds or the remaining net proceeds to pay principal and interest costs on other similar revenue obligations.

AB40-ASA1,17 Section 17. 13.48 (14) (d) 1. of the statutes is repealed.

AB40-ASA1,18 Section 18. 13.48 (14) (d) 2. of the statutes is renumbered 13.48 (14) (d) and amended to read:

AB40-ASA1,10,16 13.48 (14) (d) Biennially, beginning on January 1, 1984, each agency having surplus land 2014, each agency shall submit to the department of administration an inventory of all real property under its jurisdiction. Except with respect to the Board of Regents of the University of Wisconsin System, the inventory shall include the estimated fair market value of each property. The agency shall specifically identify any underutilized assets in the inventory. No later than July 1 following receipt of the inventories, the department of administration shall obtain appraisals of all properties in the inventories that are identified by the department for potential sale and shall submit to the building commission and the joint committee on finance an inventory containing the location, description and fair market value of each parcel of surplus land property identified for potential sale.

AB40-ASA1,19 Section 19. 13.48 (14) (d) 3. of the statutes is repealed.

AB40-ASA1,20 Section 20. 13.48 (14) (d) 4. of the statutes is repealed.

AB40-ASA1,21 Section 21. 13.48 (19) of the statutes is amended to read:

AB40-ASA1,11,5 13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855, except s. 16.855 (13) and (14m) (a) to (c), if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB40-ASA1,22 Section 22. 13.48 (20) of the statutes is amended to read:

AB40-ASA1,11,10 13.48 (20) Residence halls. The Except as provided in sub. (14) (am), the building commission may approve the sale or lease of state-owned residence halls by the board of regents of the University of Wisconsin System to another state agency or a nonstate nonprofit agency for purposes provided in s. 36.11 (1) (e).

AB40-ASA1,23 Section 23. 13.48 (22) of the statutes is amended to read:

AB40-ASA1,11,18 13.48 (22) Sale or lease of capitol area lands. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state. This subsection does not apply to lands that are authorized to be sold or leased under s. 16.848 while an offer of sale, sale, or lease agreement is pending or while the lands are leased.

AB40-ASA1,24 Section 24. 13.48 (23) of the statutes is amended to read:

AB40-ASA1,12,2 13.48 (23) Lease of space for commercial use. The Except as provided in sub. (14) (am), the building commission may lease space in state office buildings for commercial use, including without limitation because of enumeration, retail, service and office uses. In doing so the building commission shall consider the cost and fair market value of the space as well as the desirability of the proposed use. Such leases may be negotiated or awarded by competitive bid procedures. All such leases of space in state office buildings shall provide for payments in lieu of property taxes.

AB40-ASA1,24c Section 24c. 13.48 (39i) of the statutes is created to read:

AB40-ASA1,12,11 13.48 (39i) Family justice center. (a) The legislature finds and determines that domestic violence affects families, especially women and children, throughout all communities in Wisconsin and that coordinating and centralizing victim and victim advocacy services in communities would greatly benefit state residents. It is therefore in the public interest, and it is the public policy of this state, to aid in the construction of a facility, to be located in the city of Milwaukee, to coordinate and centralize victim and victim advocacy services for families affected by domestic violence.

AB40-ASA1,12,20 (b) The building commission may authorize up to $10,625,000 in general fund supported borrowing to aid in the construction of a facility, to be located at 619 West Walnut Street in the city of Milwaukee, to coordinate and centralize victim and victim advocacy services for families affected by domestic violence. The state funding commitment shall be in the form of a grant to the Children's Hospital of Wisconsin. Before approving any state funding commitment for construction of such a facility, the building commission shall determine that the Children's Hospital of Wisconsin has secured additional funding from nonstate sources for the project in an amount at least equal to the amount of the grant.

AB40-ASA1,12,25 (c) If the building commission authorizes a grant to the Children's Hospital of Wisconsin under par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a center for families affected by domestic violence, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB40-ASA1,24e Section 24e. 13.48 (39j) of the statutes is created to read:

AB40-ASA1,13,9 13.48 (39j) Domestic Abuse Intervention Services, Inc. (a) The legislature finds and determines that domestic violence affects families, especially women and children, throughout all communities in Wisconsin and that the construction of shelter facilities and offices for providing services to domestic abuse victims would greatly benefit state residents. It is therefore in the public interest, and it is the public policy of this state, to aid in the construction and remodel of a shelter facility and offices, to be located in the city of Madison, to provide services to domestic abuse victims.

AB40-ASA1,13,17 (b) The building commission may authorize up to $560,000 in general fund supported borrowing to aid in the construction and remodel of a shelter facility and offices, to be located at 2102 Fordem Avenue in the city of Madison, to provide shelter and services to domestic abuse victims. The state funding commitment shall be in the form of a grant to Domestic Abuse Intervention Services, Inc. Before approving any state funding commitment for expansion of such a facility, the building commission shall determine that Domestic Abuse Intervention Services, Inc., has secured additional funding from nonstate sources for the project.

AB40-ASA1,13,22 (c) If the building commission authorizes a grant to Domestic Abuse Intervention Services, Inc., under par. (b) and if, for any reason, the facility that is constructed and remodeled with funds from the grant is not used as a shelter facility and offices to provide services to domestic abuse victims, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB40-ASA1,24g Section 24g. 13.48 (39k) of the statutes is created to read:

AB40-ASA1,14,6 13.48 (39k) Medical College of Wisconsin; community medical education facilities. (a) The legislature finds and determines that expanding access to health care teaching institutions would greatly benefit state residents by addressing the increasing shortage of health care professionals available to provide care to state residents. It is therefore in the public interest, and it is the public policy of this state, to assist the Medical College of Wisconsin in the remodel, development, and renovation of 2 community medical education facilities in northeast Wisconsin and central Wisconsin.